Report Title:

Neighborhood Boards; Public Meetings

 

Description:

Authorizes public input at noticed neighborhood board meetings and discussion but not decisionmaking on those issues.  Allows two or more neighborhood board members, but less than a quorum, to attend meetings relating to board business. Clarifies neighborhood board actions on unanticipated events.  Sunsets 12/31/2013.  (SD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1512

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public meetings.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  NEIGHBORHOOD BOARDS

     §92‑     Neighborhood board defined.  As used in this part, "neighborhood board" refers to neighborhood boards, similar in purpose to the neighborhood boards established in city and county of Honolulu, and any other similar board or commission established by a county to increase and assure effective citizen participation in neighborhoods designated within the county's boundaries.

     §92‑     Neighborhood board meetings; agenda; quorum.  Notwithstanding the provisions of sections 92-3 and 92-7, an agenda for a neighborhood board meeting may include an item denominated "Public Input" to permit the public to submit written information, or to present oral testimony about a matter not included under any other item on the agenda for that meeting.  Members of the neighborhood board may inquire about and discuss the matters presented during the "Public Input" segment of a meeting, provided that no commitment to vote is made or sought, and all deliberation and decisionmaking on matters submitted or presented to a neighborhood board during that segment, if any, occurs only at a duly noticed meeting held subsequent to the meeting at which the material or testimony was submitted or presented under this section.  During the "Public Input" segment of its meeting, a neighborhood board may make inquiries about and discuss the information or testimony submitted or presented without a quorum. 

     §92‑     Permitted interactions of neighborhood board members.  Notwithstanding section 92-2.5, two or more members of a neighborhood board, but less than the number of members necessary to constitute a quorum for the board, may attend informational meetings or presentations on matters relating to official board business, including meetings of another entity, seminars, and community meetings; provided that the presentation is not specifically and exclusively organized for or directed toward members of the board, no commitment to vote is made or sought, and the participating board members report their attendance and the matters presented and discussed that related to official board business to their neighborhood board at its next meeting.

     §92‑     Neighborhood board meeting; unanticipated events.  Notwithstanding section 92-7, a neighborhood board may amend a filed agenda for a meeting, and take immediate action on a matter over which the board has supervision, control, jurisdiction, or advisory power without further notice, provided that:

     (1)  Two-thirds of all members to which the board is entitled agree that an unanticipated event requires the board to take immediate action to protect the public’s health, welfare or safety;

     (2)  The board identifies the unanticipated event;

     (3)  The county attorney or corporation counsel concurs that the event is an unanticipated event and requires the board to take immediate action to protect the public’s health, welfare or safety; and

     (4)  The event the board found to be unanticipated, the board’s vote, and the concurrence of the county attorney or corporation counsel are recorded in the minutes for that meeting. 

     For purposes of this section, "unanticipated event" shall have the same meaning as in section 92-8(c)."

     SECTION 2.  This Act shall take effect on January 1, 2009, and shall be repealed on December 31, 2013.